Politics
Expert Reveals How Biden’s Pardon Could Backfire, Land Him In Legal Peril
In an ironic twist of fate, securing his son’s freedom may one day land President Joe Biden in jail, according to legal observers who believe the path has been cleared for Hunter Biden to testify against his father.
The foundations of Washington, D.C. shook earlier this month when Biden pardoned his struggling son for both real and unrecognized potential crimes stretching back to 2014, a clemency more expansive than the one granted to former President Richard Nixon in the wake of Watergate. After denying countless times for the past year that he would do so, Biden in a statement defended the pardon, saying “raw politics has infected” Hunter’s conviction on a felony gun charge in September and suggested the same process would play out in California where the Justice Department was pursuing tax evasion charges against him.
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“The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process. Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases,” Biden said in a statement at the time. “No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong.”
But in doing so, President Biden may have opened the floodgates for prosecutors and opponents looking to investigate him and family members who participated in lucrative overseas business dealings, according to the Western Journal. Mike Davis, a lawyer with the conservative Article 3 Project, observed that Hunter can now be called to testify and denied his right to invoke 5th Amendment privileges, which only apply if the witness believes making a statement could incriminate themself. If House Republicans continue to investigate Biden’s family and demand Hunter answer questions about Burisma, Chinese business interests, or Russian oligarchs with whom he did business, he will likely have to answer — because all those dealings from 2014 through the present day are now pardoned.
“If Biden pardons someone–like, say, Hunter or Jack Smith–they can no longer invoke the Fifth Amendment’s right against self-incrimination to avoid testifying before Congress or grand juries,” Davis wrote on X. “If those pardoned refuse to testify, they can face new charges for criminal contempt.”
If Biden pardons someone–like, say, Hunter or Jack Smith–they can no longer invoke the Fifth Amendment's right against self-incrimination to avoid testifying before Congress or grand juries.
If those pardoned refuse to testify, they can face new charges for criminal contempt.
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) November 26, 2024
Kevin Adams, a criminal defense lawyer, told Newsweek that he agrees with Davis. “The upside to Joe Biden’s pardon is that Hunter Biden no longer enjoys the right to assert his 5th Amendment Right against self-incrimination and contempt of Congress is also a crime,” Adams said.
The Journal notes that the principle of compelling a pardoned witness to testify has never been tried in a high-level presidential investigation, and it remains unclear whether House Republicans will continue a concerted investigation into the “Biden Crime Family” now that the GOP is on the precipice of controlling all levers of the federal government come January. President-elect Donald Trump continues to put pressure on House Speaker Mike Johnson (R-LA) to help deliver wins for his agenda and privately grumbled about his deal-making process during last week’s government funding debate, a sign that the GOP, even if it wants to, may not have the latitude to pursue charges against the outgoing president.
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